Kerala High Court
Jahangir Gopal vs Central Bureau Of Investigation on 26 March, 2009
Author: M.N. Krishnan
Bench: M.N.Krishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 526 of 2009()
1. JAHANGIR GOPAL , S/O.LATE GOPAL,
... Petitioner
Vs
1. CENTRAL BUREAU OF INVESTIGATION,
... Respondent
2. STATE BANK OF MYSORE REPRESENTED BY ITS
3. BHARATH BHUSHAN AGARWAL,
4. ANITHA AGARWAL, W/O.BHARATH BHUSHAN
5. TONY THARAKAN, S/O.LATE P.V.GEORGE
For Petitioner :SRI.C.S.MANU
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :26/03/2009
O R D E R
M.N. KRISHNAN, J.
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CRL.M.C. NO. 526 OF 2009
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Dated this the 26th day of March, 2009.
O R D E R
This petition is filed with a prayer to quash the criminal proceedings on the ground that the matter has been settled and it is of a civil nature. The prosecution had filed a statement before this Court holding that the CBI has not registered the case not on the basis of any complaint by the Bank. On the other hand the FIR was registered on the source of information in which the complainant is the State. Public money was defrauded by the accused and therefore the case cannot be compromised by them is the contention. So the prosecuting agency has strongly contended for the position that it is not settled or in other words it cannot be compounded. When such is the situation application of the dictum laid down by the Apex Court in Madan Mohan Abbot v. State of Punjab (2008 (3) KLT 19) etc. does not arise for consideration and therefore this Crl.M.C. is dismissed.
M.N. KRISHNAN, JUDGE.
ul/-